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        OPINION | GREENER ELECTRONICS | HYDROGEN
                                                                                scaling up of electrolyzer manufacturing
        Green Energy Laws                                                       facilities. A further €4 billion in Innovation
                                                                                Fund grants is to be made available before the
                                                                                end of the year for projects of varying scales.
                                                                                  Of particular note, in March, the European
        Changing the Energy                                                     Hydrogen Bank was established to acceler-
                                                                                ate investment in hydrogen projects. The
        Landscape in Europe                                                     EC recently released the Terms and Condi-
                                                                                tions  for the European Hydrogen Bank pilot
                                                                                    8
                                                                                auction, planned to open on Nov. 23, 2023.
                                                                                The Terms and Conditions provide potential
        By Patricia Tiller, Hunton Andrews Kurth                                bidders with information about the fiscal
                                                                                design of the auction and the requirements
                                                                                for compliant bids. The auction will award up
                            Europe’s push toward clean energy is codified in the Renewable   to €800 million to renewable-hydrogen pro-
                            Energy Directive II (RED II).  RED II and its Delegated Acts are a legal   ducers in the European Economic Area in the
                                                1
                            framework issued by the European Commission to help the EU meet   form of a fixed premium in euros per kilogram
                            its emissions-reduction commitments under the Paris Agreement.  of renewable hydrogen produced over the first
                              Why is RED II of interest to the energy industry? RED II contains a   10 years of operation.
                            series of sustainability and emissions criteria with which various sec-  Interestingly, further funding from the
                            tors (including transport, forestry, heating/cooling and electricity)   Innovation Fund is expected to take the
                            must comply to be eligible for financial support from public author-  form of an auction model (a departure from
                            ities. For example, RED II sets 2030 targets for the transport sector   the current call-for-proposals system). We
        to reduce greenhouse gas intensity by at least 14.5% and requires renewable energy sources   expect there will be lessons learned from the
        for at least 29% of the consumption energy used in transportation. These ambitious, binding   European Hydrogen Bank pilot auction that
        targets mean that sectors like transportation will be seeking innovative ways to utilize renew-  may serve bidders well in future auctions to
        able energy sources and to reduce carbon emissions. Along with funding and incentives for clean   be held by the Innovation Fund.
        energy, we expect to see fiscal disincentives for the continued use of fossil fuels, and failing to
        take appropriate measures to curb carbon emissions will become costly for last movers.  THE FUTURE OF EUROPE’S ENERGY
          With political negotiations underway for the next recast of the Renewable Energy Directive   TRANSITION
        (to be known as RED III), the European Council (made up of ministers from each of the member   Proposals to revise RED II are under review
        states) is aiming to achieve climate neutrality in the EU by 2050. EU countries have been tasked   by EU member states and interest groups.
        with developing national renewable-energy action plans that set out how they will achieve these   EU co-legislators have reached a provisional
        targets. Progress toward national targets is a matter of public record and is measured every two   political agreement on key areas of reform
        years, when EU countries publish national renewable-energy progress reports.  for the Renewable Energy Directive, and it is
                                                                                possible that RED III will be adopted before
        HYDROGEN UNDER RED II                                                   the end of the year. What will RED III mean
        As the region with the highest number of hydrogen-related patents registered worldwide,  the EU   for the energy sector? We expect to see an
                                                                       2
        is leading the way in green energy. However, until recently, there were no standards for what con-  even greater increase in funding for renew-
        stituted low-carbon hydrogen (and whether the standards should include green,  blue  and pink/  able energy and carbon-capture projects and
                                                                3
                                                                    4
        purple  hydrogen). In July 2023, two Delegated Acts regarding the use of hydrogen as a “renewable   an increase in patents for technologies that
             5
        fuel of non-biological origin” entered into force, bringing clarity to the hydrogen space. The new   support the energy transition. ■
        regulations specify the conditions under which hydrogen produced via electrolysis can be consid-
        ered climate-neutral/fully renewable.  They also clarify the conditions under which production   REFERENCES
                                  6
        facilities for pink or purple hydrogen can qualify as partially renewable power. 7  1 tinyurl.com/sthyazx9
                                                                                2 tinyurl.com/4j6cscvn
        FUNDING AVAILABLE FOR GREEN ENERGY PRODUCTS                             3 Green hydrogen is produced via electrolysis
        With a regulatory framework for clean energy now evolving in Europe, public funding for green   (splitting water molecules into H 2  and O 2 ) using
        energy projects, including hydrogen projects, is widely available. Funding is available for any   renewable electricity.
        interested stakeholder with a planned project in the EU, though very few programs allow funding   4 Blue hydrogen is produced when natural gas is
        to natural persons. Funding is available from two primary sources:      split into hydrogen and CO 2 , using methane steam
          • Funds financed by the 2021–2027 EU Budget                           reforming or auto thermal reforming, and the
          • National funding available from granting authorities in each EU member country  remaining CO 2  is captured and stored
          Both the EU Budget and national funding schemes allocate funds through programs or instru-  underground.
        ments, each of which has a set of key objectives and associated qualifying criteria. For example,   5 Pink or purple hydrogen is produced via
        the Connecting Europe Facility for Energy supports projects that link energy infrastructure   electrolysis but uses nuclear energy as its source of
        across two or more EU countries. The Innovation Fund, another funding program at the EU level   power.
        (rather than individual countries), supports innovative low-carbon technologies and encourages   6 tinyurl.com/5n72wkar
        the use of renewable hydrogen at pre- and commercial scale.             7 tinyurl.com/mr3cf5a9
          Individual projects may qualify for public funding from several sources, and funding instru-  8 The Terms and Conditions were released on
        ments may be combined if there is no double-funding of the same project cost.  Aug. 30, 2023.
          This year, we have seen a growing focus on funding hydrogen projects. Of the €3.6 billion
        awarded from the Innovation Fund thus far this year, more than half of the projects receiving   Patricia Tiller is a partner at Hunton
        grants are dedicated to producing green hydrogen, either as new production projects or the   Andrews Kurth.

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